Md. Shahnawaz Khan @ Raju @ Md. Shahnawaz @ Shahnawaz Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73628 of 2022 Arising Out of PS. Case No.-705 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== MD. SHAHNAWAZ KHAN @ RAJU @ MD. SHAHNAWAZ @ SHAHNAWAZ KHAN SON OF ABDUL SALAM KHAN @ MD. SALAM KHAN R/O MOHALLA- SHAHJUMA, NEAR POWER HOUSE BEHIND CHHOTI MASJID, SASARAM, P.O.- SASARAM, P.S.- SASARAM (T), DISTRICT- ROHTAS (BIHAR) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SANAUR RAZA @ SANA RAZA WIFE OF SHAHNAWAZ KHAN @ RAJU @ MD. SHAHNAWAZ @ MD. SHAHNAWAZ KHAN, D/O SAIYAD RAZA HASAN PRESENTLY R/A MOHALLA- MADAR DARWAJA SASARAM, P.O.- SASARAM, P.S.- SASARAM (T), DISTRICT- ROHTAS ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tiwari Shwetketu, Advocate For the Opposite Party/s :
Mr. Sangeeta Sharma, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner, the State and the opposite party no.2.
1.
The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 498 (A) of the Indian Penal Code and Section 4 of Dowry Prohibition Act.
2. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 2500/-per month, starting from this month, to opposite party no. 2.
Patna High Court CR. MISC. No.73628 of 2022(4) dt.21-08-2023 2/3
3. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 2500/- per month, in the event of arrest/surrender within a period of six weeks from today, above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D. J . M., Sasaram, District- Rohtas in connection with Complaint Case No . 705 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-
(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no. 2.
(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.
(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the
Patna High Court CR. MISC. No.73628 of 2022(4) dt.21-08-2023 3/3 parties to resolve the issue otherwise.
(Prabhat Kumar Singh, J) Kaushik/- U T